Race Street near Lay Boulevard was the site of the gang-related, fatal shooting of Michael Day, 13, of Kalamazoo on Memorial Day. A 16-year-old teen who police say has a known gang affiliation was found with a bullet wound after a report of gunfire at Race and Hays Park Avenue on Sunday, June 29.Kalamazoo Gazette file

Malik Foster-Bey, 15, who just recently was released from the Kalamazoo County Juvenile Home, is charged with one count each of assault with intent to commit murder and felony use of a firearm, Kalamazoo County Chief Assistant Prosecutor Carrie Klein said.

The charges, which were authorized Tuesday by prosecutors in a petition filed in Kalamazoo County Circuit Court Family Division, stem from the shooting of a 16-year-old boy who was found after 2:50 p.m. Sunday by Kalamazoo Public Safety officers who responded to a report of gunfire near the intersection of Race Street and Hays Park Avenue.

Police said the teenager, who had a gunshot wound to his shoulder, has "documented gang affiliation and had over 30 involvements with area law enforcement." He was taken from the scene by ambulance to a local hospital where he was treated and released.

The area where the shooting occurred Sunday is just a short distance from where Michael Day, a student at Milwood Middle School, was gunned down on Memorial Day. Investigators have said two men and Victor Garay, a 15-year-old Kalamazoo boy, fired in the direction of Michael because of the teen's membership in the Washington Street Boys, an Edison neighborhood gang.

Garay, who is being charged as an adult, as well as Rashad Perez, 18, and Octavius Snell, 21, have each been charged with murder, conspiracy to commit murder and felony use of a firearm in connection with Michael's slaying.

Meanwhile, Foster-Bey was scheduled to appear this morning in family court for an arraignment before a court referee, court officials said.

Prosecutors have designated that Foster-Bey be tried as an adult on the attempted murder and felony firearm charges. Under that designation, Foster-Bey will be tried as an adult and all of his court hearings will be held at the Gull Road courthouse.

If he's convicted, the judge presiding over Foster-Bey's trial would have the option of sentencing Foster-Bey as an adult or choose to sentence him as a juvenile, Klein said.

Rex Hall Jr. is a public safety reporter for the Kalamazoo Gazette. You can reach him at rhall2@mlive.com. Follow him on Twitter.